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Mercury Vaccines: CoMed Fights On In Challenge to DHHS

 
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Fintan
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PostPosted: Tue Feb 15, 2011 12:41 pm    Post subject: Mercury Vaccines: CoMed Fights On In Challenge to DHHS Reply with quote

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CoMeD, Citing the Failure of the Department of HHS and the
FDA to Comply with Vaccine Laws, Files Notice of Appeal


http://mercury-freedrugs.org/

February 15, 2011- Washington, DC:

Yesterday, the Coalition for Mercury-Free Drugs (CoMeD, Inc.) filed
notice of appeal in its 2009 federal lawsuit (1:09-cv-00015), which was
dismissed on the grounds that the CoMeD plaintiffs lacked standing.


This federal lawsuit seeks to have the federal courts compel the
Secretary of the U.S. Department of Health and Human Services (HHS)
and the Commissioner of the U.S. Food and Drug Administration (FDA,
through their subordinates, to comply with certain federal statutes, laws
and regulations governing vaccine safety and vaccine licensing and
approval.

Although the applicable regulations and statutes under which the CoMeD
plaintiffs brought this lawsuit provide a clear path to the federal district
courts and direct them to hear such black-letter legal issues, the district
court:

"Failed to recognize the CoMeD plaintiffs' direct rights to seek legal
redress in federal court,

"Treated the CoMeD lawsuit as if it were about the toxicity of mercury
instead of the defendants willful and knowing failure to comply with the
statutes, laws and regulations governing the defendants' mandated
conduct in the areas of vaccine safety and vaccine licensing and
approval, and

"Dismissed the CoMeD lawsuit on the grounds that the CoMeD plaintiffs
lacked standing.

In the appeal, the CoMeD plaintiffs hope to focus the attention of the
appeals court on:

"The black letter law issues raised by the plaintiffs and not addressed by
the defendants in their opposition to plaintiffs' motions and

"The statutory and regulatory authority that specifically grants the CoMeD
plaintiffs access to the federal court to seek redress for the failures of the
Secretary of HHS and the Commissioner of the FDA, through the actions
of themselves and/or their subordinates, to comply with statutes, laws,
and regulations governing their official activities with respect to making
vaccines safer, and vaccine licensing and approval.

In this effort, CoMeD is seeking the support of others to assist in funding
this appeals effort and, where appropriate, to review the record and write
supportive friends-of-the-court (amicus curiae) briefs in support of the
CoMeD plaintiffs' efforts to have the federal courts hear their lawsuit.


To support the ongoing efforts of CoMeD, Inc. with your tax-deductible
contributions, please use the PayPal link on CoMeD's Internet website,
http://www.Mercury-freeDrugs.org.

CoMeD, Inc. is a not-for-profit 501(c)(3) corporation that is actively
engaged in legal, educational and scientific efforts to stop all use of
mercury in medicine, and to ban the use of all mercury-containing
medicines.


Press Release Contacts:

CoMeD President [Rev. Lisa K. Sykes (Richmond, VA) 804-364-8426]
CoMeD Sci. Advisor [Dr. Paul G. King (Lake Hiawatha, NJ) 973-997-1321]

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